A foreclosure attorney can help you if you are falling behind on your mortgage or losing your home. Within the practice of consumer law, there are generally two types of lawyers that can be helpful if you are facing foreclosure:
1. Consumer law attorneys with expertise in foreclosure laws who help consumers respond to foreclosure notices and/or sue lenders. These are often referred to as foreclosure defense attorneys.
2. Consumer bankruptcy attorneys.
Some attorneys or law firms practice both areas of law. If not, they will usually be able to refer you to other attorneys who can help.
There are a number of services that foreclosure defense and/or bankruptcy attorneys may provide. Depending on your situation, they may be able to help you:
- Renegotiate your first or second mortgage with your lender so you can afford it.
- Eliminate a mortgage loan that was made illegally. (Though this is not common, it does happen.)
- Eliminate or negotiate a settlement on a second mortgage or home equity line of credit in bankruptcy so that you can afford your first mortgage.
- Catch up on a mortgage over time, rather than having to pay the entire amount immediately.
- Discharge (wipe out) other debts in bankruptcy so you can afford your home loan.
Even if the attorney cannot save your home from foreclosure, he or she may be able to help you:
- Stay in your home longer while you save up money to move.
- Understand your options for reducing or eliminating a deficiency (money owed to the lender after you lose your home).
- Understand the mortgage foreclosure process in your state, and how to respond to the notices you receive from your lender.
How Do I Pay For A Foreclosure Attorney?
The first consultation with your attorney will often be free. At that consultation, your attorney will help you understand how much his or her services cost, and give you suggestions for how you can come up with money to pay that fee. Don’t be embarrassed to discuss this issue. These attorneys understand that you are asking for their help because you are having financial problems, and they can often come up with workable solutions. If not, they may be able to refer you to a low-cost or free Legal Aid clinic in your area.
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